Silence Is a Virtue: 6 Things You Must Never Say After a Car Accident

Following a car accident, we usually experience a rush of adrenaline that makes us tremble. Everything seems to be moving very fast, and in those moments, your actions mean a lot. However, what you say is very important as well. What comes out of your mouth at the scene can influence how the ensuing claims and damages are handled. Here are six things you should never speak after a car accident.

“Everything’s fine, I can just go.”

Of course, not every car accident results in major damage and injuries. In these cases, you or the other driver may push the idea that you can both just call it even and leave. Never do this under any circumstances. Always insist on exchanging information and making a police report.

“I am so sorry.”

Even when you’re not at fault, you might issue an apology, simply because accidents are tough on everyone involved. You really shouldn’t ever say this, as those who hear it can take it to mean you’re responsible for the accident. No matter what goes down, save your apologies for later.

“I’m not injured.”

That adrenaline rush you get after an accident can mask pain. Even if your body isn’t coursing with adrenaline, there are many kinds of injuries one can sustain in an accident whose symptoms aren’t immediately apparent. If you’ve been in an accident, go to the ER to be checked over, and if an ache or anything else does arise in the following days, get to a doctor right away.

“This is all my fault.”

You think you know what happened, and you’re pretty sure you’re to blame. Not so fast, there. You might be surprised what comes up during an investigation. It’s not unheard of for a person who thought an accident was their fault to learn that the other party was the one who actually violated traffic laws. In the same vein, don’t say anything which sounds like an explanation or excuse for your perceived errors.

“I can’t be sure, but I think…”

The reason we shouldn’t try and explain how things happened from our perspective is because right now, it’s important to stick to basic facts. If your account differs from everyone else’s, it will make you look like the party who has something to hide. Only share information that couldn’t be construed differently by anyone else in that situation.

“I can handle this myself.”

Chances are, you don’t know the person you collided with. You don’t know what they’ll say, do, or claim a week from now, even if they’re being very calm and collected immediately after the incident. You also don’t want to tangle with their insurance company alone. Hiring an auto accident lawyer is the best way to ensure fair end results.

So, what should you say? After an accident, you should ask all parties involved if they’re okay, and call for help as quickly as possible. You should provide accurate, up-to-date information about yourself. From there, make your interactions with police and insurance companies as simple and fact-based as you can, until you can get your attorney on the case.

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Filter nozzles for water treatment for industrial and residential uses

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Quality products in the best materials for the job

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EUROPE – Food Safety Regulation – (EU) 10/2011 & 1935/2004 EC

“materials and articles intended to come into contact with food”.

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For more than half a century McDonald’s has been a recognisable brand in just about every country you can think of. According to its website, the chain has restaurants in 101 countries. Its 36,000+ restaurants serve around 69 million fast food fans every single day.

With stats like this, and McDonald’s easily recognised by just about anybody, the recent EU trade mark ruling has surprised many. McDonald’s has just lost its EU trade mark for the Big Mac in what is dubbed a ‘David and Goliath’ battle with a small Irish chain.

How did McDonald’s lose its Big Mac EU trade mark?

When Supermac’s took on the might of McDonald’s in a trade mark battle, it was assumed by many that the smaller chain would lose. While Supermac’s may not be a household name in the UK, however, it’s much loved in Ireland.

Now the largest fast food chain in Ireland, Supermac’s began in 1978 and today has more than 110 franchises and restaurants all over the country. Founded by Pat and Una McDonagh, it was named after his nickname, ‘Supermac’ when he played Gaelic football. They also own Claddagh Irish Pubs & Restaurants through Supermac’s Ireland Ltd.

The EU trade mark battle

Supermac’s has been locked into an ongoing fight with McDonald’s since 2015, when it announced plans to expand into the EU and UK. McDonald’s initially objected to Supermac’s registering a number of trade marks for products and its name. They argued that the names McDonald’s and Supermac’s are too similar and would cause customer confusion. McDonald’s further argued that the Supermac’s brand name is visually too similar to their trade mark.

Supermac’s responded by pointing out that they had happily traded at the same time as McDonald’s in Ireland for more than 30 years with no signs of confusion on the part of customers.

Initially, McDonald’s won a part-victory when the European Union’s Office for Harmonisation in the Internal Market (OHIM) decided that Supermac can continue to trade in its own name within the EU. However, it rejected the Irish company’s trade mark applications for various products and menu items, saying that consumers might “be confused as to whether Supermac’s is a new version of McDonald’s”, given that there are near-identical products sold by both restaurant chains.

Revoking McDonald’s EU trade marks

In January 2019, the European Union Intellectual Property Office (EUIPO) made a decision that allows victory to Supermac’s after all. By ruling that EU trade marks owned by McDonald’s are to be revoked, Supermac’s is clear to expand into the rest of the EU.

The landmark decision went into effect immediately, on the basis that the EUIPO rules that McDonald’s had failed to prove “genuine use” of its Big Mac trade mark as a restaurant or menu item.

Unsurprisingly delighted, Pat McDonagh says: “Never mind David versus Goliath, this unique landmark decision is akin to the Connacht team winning against the All Blacks. This is the end of the McBully. Just because McDonald’s has deep pockets and we are relatively small in context, doesn’t mean we weren’t going to fight our corner.”

How the fight played out

In April 2017, Supermac’s requested that the EUIPO cancel McDonald’s trade mark for ‘Big Mac’ and ‘Mc’. The chain also accused the US giant of “trade mark bullying” by registering and gaining protection for names, but not actually using them to stamp down any potential competition.

On its part, McDonald’s legal representatives provided signed affidavits from high level executives and showed examples of packaging and adverts to demonstrate it serves Big Macs right across the EU, and therefore deserves to retain the EU trade mark for that specific product.

However, the EUIPO deemed this “insufficient” in its judgement. As trade marks are registered at national level and at the EU, McDonald’s does not lose all of its protection for the Big Mac. They also have the right to appeal, which we suspect they are likely to do.

Supermac’s forges ahead

For Supermac’s, all eyes are on the future. Mr McDonagh says: “This now opens the door for the decision to be made by the European trade mark office to allow us to use our SuperMac as a burger across Europe.”

A representative from EIP, an intellectual property law firm, Carissa-Kendall Windless, says: “This decision is a significant one, partly because it serves as a warning to multinational companies that they can no longer simply file trade mark applications without a genuine intention to use it”.

It’s inevitable that McDonald’s will exercise its right to appeal, and it will be interesting to see how this David and Goliath battle goes on this year.

About Dawn Ellmore Employment

Dawn Ellmore Employment was incorporated in 1995 and is a market leader in intellectual property and legal recruitment.

Dutch giant Heineken has made a strong statement regarding its connection with football with a trade mark application to be named the “Official Beer of Soccer” in the United States.

Heineken is the partner of Major League Soccer (MLS), the professional football league in the US. The recent trade mark application to the United States Patent and Trademark Office (USPTO) is particularly relevant given the pending arrival of the World Cup in the US in 2026.

Trade mark application gives indication of brand’s plans

The beer company is already positioned as the “Official Beer” of the league throughout its marketing collateral. However, the application shows that it wants to build on this and strive for full ownership of football in the US.

In 2018, Heineken signed a new partnership deal with MLS that goes through to 2022/23, clearly showing long-term ambition. Felix Palau is the Senior Vice-President of Marketing for Heineken. He says: “Since working with MLS, we’ve seen a huge spike in our pull with soccer fans and supporters, and we hope to continue this trend for the short and long term.”

And with the latest trade mark application, we can surmise that soccer in the US is working well for the long-standing European brand.

What does the trade mark application show?

The trade mark was filed at the USPTO on 4 January 2019. It’s likely that the application shows Heineken’s ambitions to block any potential rivals from linking with the World Cup in 2026, by firmly establishing itself as synonymous with US soccer. It’s certainly likely that there will be brands looking to leverage the same kind of connection during the World Cup.

For example, before 2018’s World Cup, US brand Budweiser usurped Carlsberg as the “official beer” of the English national football team. This was the biggest partnership deal in the Football Association’s history at the time. Not only did Budweiser sponsor the team, which did spectacularly well and revitalised UK interest in international football, it also took over the beer taps at Wembley Stadium. Budweiser also partners the FA Cup and helped to boost the increasing popularity of the brand in the UK. It’s highly likely that Budweiser will want to continue its links with the sport in its home country in the 2026 World Cup.

How popular would the move be?

If European based Heineken is granted the trade mark, it will be interesting to see how popular this would be with US fans. Following the news of the trade mark application, sports journalist Richard Gillis says: “I must’ve been out of the room when football fans were consulted on this. I’m assuming it’s legally binding and we’re all now required to drink Heineken on every football related occasions, with heavy fines for those caught drinking Bud or Carling.

“It’s a welcome trend, and a real timesaver on the part of sponsors and their agencies. No need for ideas or strategy: just declare yourself ‘Official Partner’ and wait for the love and affection of the football family to flow toward the brand. A masterstroke.”

While clearly a sarcastic response, this could indicate that Heineken’s move may not be embraced with open arms in the US.

How beer brands help grow sport

Heineken is no stranger to major sporting partnerships. Global partners of the brand include Formula 1, the UEFA Champions League, the Rugby World Cup and Formula E. In popular culture, the brand is also linked with major franchises, including Daniel Craig’s James Bond.

And it’s a two-way relationship, with MLS benefiting from the marketing money ploughed int the sport by partners like Heineken. The Managing Director and President of MLS Business Ventures, Gary Stevenson, says: “If we are good at solving the brands’ problems, then they will spend more money. That way we can tap into our partners’ marketing dollars and they can make our sport, league and players come alive. We can never have that amount of marketing dollars to do something similar. We’re reliant on them to build the sport.”

The USPTO takes at least six months to process trade mark applications, and Heineken is currently waiting to see whether it has been successful. As with so many major trade mark and patent applications, time will tell whether Heineken will be able to call itself the “Official Beer of Soccer”. With its background of strong support for the sport in the US since 2014, it would seem they have a strong chance.

About Dawn Ellmore Employment

Dawn Ellmore Employment was incorporated in 1995 and is a market leader in intellectual property and legal recruitment.